LSB proposes new measures to strengthen ethical standards

The Legal Services Board (LSB) has proposed new requirements on legal regulators to strengthen ethical standards from the start of lawyers’ careers.

The oversight regulator said the plans “initiate a significant shift in how lawyers’ ethics are taught, overseen and supported in workplaces” and are based on substantial evidence of where lawyers are failing to meet the ethical standards expected of them.

Such failures range from unintentional oversights to more serious misconduct, including misleading courts, using strategic lawsuits against public participation (SLAPPs) and the misuse of non-disclosure agreements.

The proposals addressed areas such as legal education, training and regulators’ codes of conduct. They would require regulators to make sure that ethics are at the core of how lawyers behave and act throughout their careers.

The LSB’s chief executive, Craig Westwood, said: “Our evidence shows there are gaps in understanding and support that need to be addressed. Regulators have a role to play in making sure that lawyers have the knowledge, skills and support from their leaders and workplaces to make sound ethical decisions throughout their careers.

“By strengthening understanding of – and support for – lawyers’ professional ethics, regulators can help to improve fairness and safeguard the international reputation of our legal profession.”

The LSB’s statement of policy sets five outcomes and accompanying expectations for regulators to meet:

Outcome 1 requires regulators to ensure that authorised persons have the right knowledge and skills on professional ethical duties, both at the point of qualification and throughout their career;

Outcome 2 says regulators must have a framework of rules, regulations, guidance and other resources which make clear that professional ethical duties are integral to the way authorised persons are expected to behave and act;

Outcome 3 requires that authorised persons are supported and empowered to uphold their professional ethical duties when they are challenged;

Outcome 4 expects regulators to identify and use appropriate tools and processes to monitor and supervise the conduct of authorised persons, and where necessary, take effective action to address noncompliance with professional ethical duties; and

Outcome 5 says regulators must regularly evaluate the impact of their measures aimed at fulfilling the other four outcomes and make changes, if required, to ensure that they remain fit for purpose.

The LSB consultation is open until 29 May 2025.